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An act relating to the placement of vessels in state or

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federal waters seaward of the state to form artificial

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reefs; amending s. 370.25, F.S., relating to the state's

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artificial reef program; providing legislative findings;

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authorizing the planning and development of a statewide

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matching grant program to secure and place United States

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Maritime Administration and United States Navy

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decommissioned vessels in specified waters as artificial

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reefs; providing for administration of the program by the

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Florida Fish and Wildlife Conservation Commission;

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providing for implementation of the program subject to

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appropriations; providing objectives of the program;

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creating s. 370.255, F.S.; providing for the establishment

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of the Florida Ships-2-Reefs Program, a matching grant

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program, by the Florida Fish and Wildlife Conservation

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Commission; providing the purposes of the program;

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specifying the percentage of the state matching grant;

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providing procedures and requirements with respect to the

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program; authorizing the Florida Fish and Wildlife

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Conservation Commission to adopt rules; providing for

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reports; authorizing provision of funds under the program

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contingent upon an appropriation; providing for a report;

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providing an effective date.

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     WHEREAS, in the past, the United States Navy has used

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unneeded ships as targets for military exercises known as sinking

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exercises, and

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     WHEREAS, now the Navy has devised an alternative means of

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disposing of obsolete Navy vessels that allows the vessels to

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serve in a productive capacity for hundreds of years past their

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intended use, and

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     WHEREAS, the National Defense Authorization Act for Fiscal

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Year 2004 allows appropriate decommissioned ships to be donated

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for use as artificial reefing, and

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     WHEREAS, the process of using obsolete vessels as man-made

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artificial reefs not only promotes marine life and fishing but

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relieves pressures on natural coral reefs, and

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     WHEREAS, the measure allows the Navy to accomplish the

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overall process for the cost-effective donation and transfer of

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available naval vessels, and

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     WHEREAS, the United States Maritime Administration (MARAD)

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will coordinate the federal agency solicitation and application

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for obtaining the vessels for use as artificial reefs, and

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     WHEREAS, the donation and transfer application for all

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United States Navy and MARAD ships available for use as

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artificial reefs may be submitted only by states, commonwealths,

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and territories and possessions of the United States, or

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municipal corporations or political subdivisions thereof, and

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     WHEREAS, the placement in Florida waters of the U.S.S.

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Spiegel Grove in 2002 and the U.S.S. Oriskany in 2006 has already

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provided a substantial economic benefit to the state and to

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communities and businesses in the proximity of the placements,

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and

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     WHEREAS, Florida already has the Florida Maritime Heritage

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Trail, a collection of locations that are open to the public in

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Florida and which currently include six themes, those themes

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being Coastal Communities, Coastal Environments, Coastal Forts,

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Lighthouses, Historic Ports, and Historic Shipwrecks, and

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     WHEREAS, this act would add a new, seventh theme to the

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Maritime Heritage Trail, a United States military vessel theme,

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and

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     WHEREAS, the program provides a practical option for

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disposing of inactive decommissioned naval vessels in a cost-

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effective and environmentally sound manner that can continue to

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promote ecotourism associated with recreational diving and

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fishing in Florida, NOW, THEREFORE,

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (8) is added to section 370.25,

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Florida Statutes, to read:

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     370.25  Artificial reef program; grants and financial and

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technical assistance to local governments.--

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     (8) The Legislature finds that a statewide matching grant

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program to secure and place United States Maritime Administration

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(MARAD) and United States Navy decommissioned vessels in state or

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federal waters seaward of the state as artificial reefs would be

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of great benefit to Floridians in promoting ecotourism associated

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with recreational diving and fishing in Florida. Therefore, the

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Legislature authorizes the planning and development of a

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statewide matching grant program as described in this subsection

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to be administered by the commission. The program will be

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implemented subject to appropriations. The objectives in

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establishing the program are to:

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     (a) Assist in reducing the pressures on natural coral reefs

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in state or federal waters seaward of the state and increase the

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opportunities for recreational diving and fishing.

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     (b) Provide a mechanism through which counties and

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municipalities that are permitted to place vessels in state or

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federal waters seaward of the state as artificial reefs can apply

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for and receive state matching grants for the placement of

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decommissioned MARAD and United States Navy vessels. Funds may be

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used for cleaning, preparing, towing, and sinking of such

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decommissioned vessels.

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     (c) Provide state funds that would be matched with local

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funds, federal funds, and funds from local businesses.

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     (d) Establish criteria to determine eligibility for such

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state matching funds.

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     (e) Assist counties and municipalities with the donation

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and transfer application for United States Navy and MARAD

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decommissioned vessels available for use as artificial reefs in

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accordance with MARAD application evaluation criteria.

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     (f) Develop a master plan for the purposes of maximizing

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the number and type of vessels to be placed in state or federal

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waters seaward of the state that provides for the location of

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vessels in the most geographically effective and beneficial

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manner.

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     (g) Establish and promote standards for the placement of

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MARAD and United States Navy decommissioned vessels in state or

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federal waters seaward of the state, consistent with current

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environmental standards and the mandate of Section 3516 of the

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National Defense Authorization Act for Fiscal Year 2004 and the

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2006 publication, "National Guidance: Best Management Practices

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for Preparing Vessels Intended to Create Artificial Reefs,"

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published jointly by the United States Environmental Protection

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Agency and the United States Maritime Administration, which

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emphasized minimization of the release of harmful substances into

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the environment while decommissioned vessels are at anchorage and

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are undergoing disposal processes.

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     (h) Provide for and receive interagency comments from the

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agencies responsible for the permitting of artificial reefs and

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the Florida Department of Environmental Protection, allowing for

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a review period consistent with MARAD and United States Navy

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application deadlines.

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     (i) Establish a United States military vessel component as

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a seventh theme for Florida's Maritime Heritage Trail to promote

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Florida's nature-based tourism and heritage tourism.

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     (j) Provide for title of decommissioned vessels to be

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transferred to the state.

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     Section 2.  Section 370.255, Florida Statutes, is created to

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read:

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     370.255 Florida Ships-2-Reefs Program; matching grant

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requirements.--

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     (1) The commission is authorized to establish the Florida

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Ships-2-Reefs Program, a matching grant program, for the securing

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and placement of United States Maritime Administration (MARAD)

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and United States Navy decommissioned vessels in state or federal

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waters seaward of the state to serve as artificial reefs and,

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pursuant thereto, to make expenditures and enter into contracts

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with local governments and nonprofit corporations for the purpose

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of securing and placing MARAD and United States Navy

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decommissioned vessels as artificial reefs in state or federal

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waters seaward of the state pursuant to s. 370.25(8) and

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performing the environmental preparation and cleaning requisite

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to the placement of a vessel as an artificial reef, which

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preparation and cleaning must meet the standards established in

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the 2006 publication, "National Guidance: Best Management

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Practices for Preparing Vessels Intended to Create Artificial

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Reefs," published jointly by the United States Environmental

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Protection Agency and the United States Maritime Administration.

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The commission shall have final approval of grants awarded

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through the program.

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     (2) Each grant awarded under the program shall be matched

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by nonstate funds. The limit for a state matching grant shall be

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33 percent of the total cost for securing and placing the

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decommissioned vessel and performing the requisite environmental

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preparation and cleaning which meets the standards cited in

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subsection (1) prior to placement of the vessel.

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     (3) The commission may:

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     (a) Receive submissions of requests for matching funds and

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documentation relating to those requests;

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     (b) Approve requests for matching funds; and

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     (c) Allocate matching funds to local governments or

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nonprofit corporations.

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     (4) To demonstrate that a local government or nonprofit

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corporation meets the required criteria, the local government or

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nonprofit corporation must submit formal agreements, written

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pledges, memorandums of understanding, financing arrangements, or

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other documents demonstrating that nonstate matching funds are

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available for securing and placing the vessel prior to submission

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of an application. Matching grant funds shall be released only

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upon documentation that meets all the criteria established in

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rules adopted by the commission pursuant to subsection (5).

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     (5) The commission is authorized to adopt rules pursuant to

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ss. 120.536(1) and 120.54 to address procedures necessary to

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administer the matching grants provided in this section.

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     (6) No later than January 1, 2009, and each January 1

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thereafter, the commission shall submit a report to the Governor,

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the President of the Senate, and the Speaker of the House of

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Representatives detailing the expenditure of the funds

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appropriated to it for the purposes of carrying out the

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provisions of this section.

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     Section 3.  This act shall take upon becoming a law.